Roma discrimination in Slovakia, in focus

1386 Budapest 62, P.O. Box 906/93, Hungary Phone: (36-1) 413-2200; (36-1) 413-2201 E-mail: office@errc.org http://errc.org

AMNESTY INTERNATIONAL INTERNATIONAL SECRETARIAT Peter Benenson House, 1 Easton Street London WC1X 0DW, United Kingdom T: +44 (0)20 7413 5500 F: +44 (0)20 7956 1157 E: amnestyis@amnesty.org W: www.amnesty.org

AI Index: EUR 72/002/2009

21 April 2009

Mr Dušan Čaplovič, Deputy Prime Minister for Knowledge-Based Society, European Affairs, Human Rights and Minorities

Mr Róbert Kaliňák, Minister of Interior

Mr Ján Packa, Police President

Mr Štefan Kočan, Director of the Section of Control and Inspection Service

Mr Dobroslav Trnka, General Prosecutor

Honourable Sirs,

Amnesty International and the European Roma Rights Centre (ERRC), a Budapest-based public interest law organisation, are writing to urge you to ensure that a prompt, thorough, independent and impartial investigation takes place into the cruel, inhuman and degrading treatment of six Romani boys in Košice, Slovakia, on 21 March 2009; that those responsible be brought to justice in fair proceedings; and that the victims be provided with adequate reparation, including compensation, rehabilitation and redress.

According to graphic video footage shot by police officers which was released publicly on 7 April 2009 by the Slovak daily newspaper SME, at least six Slovak police officers forced six Romani boys between the ages of 10 and 16 to violently hit each other, kiss each other and strip naked. Media has also reported that the police officers thereafter let dogs loose at the youths, and that two of the boys were bitten by them.

Amnesty International and the ERRC welcome the immediate calls by Police President Ján Packa for a full investigation into the incident, and his subsequent announcement that the investigation will look into the possible racist motives of those involved.

The organisations note that the day after the video footage was released, 14 police officers were reportedly placed under inspection by the Ministry of Interior, and as of 15 April seven officers have been accused of abuse of power of the public authority and of blackmail. We have also received information indicating that six of the officers have been dismissed.

Amnesty International and the ERRC are concerned that in some public statements related to this incident, police officials have focused on the alleged illegal activities of the boys in question rather than strongly and unequivocally criticising cruel, inhuman or degrading treatment by police, which is prohibited in all circumstances under international law. On 8 April, SME quoted Košice Regional Police Director Juraj Bukuš questioned the actions of the officers while noting, "It is true that we are speaking about well known criminals and they were committing crimes before." This kind of reaction ignores the fact that there is never any justification for cruel, inhuman or degrading treatment, and it diminishes the condemnation of the police violence. Such statements also could prejudice those entrusted with carrying out the investigation.

Amnesty International and the ERRC recall that in accordance with Slovakia's commitments under international human rights law, including the European Convention for the Protection of Human Rights and Fundamental Freedoms, the Convention Against Torture and Other Forms of Cruel, Inhuman and Degrading Treatment, and the International Covenant on Civil and Political Rights, all persons - regardless of their alleged involvement in illegal activities- have the right to be free from torture and other cruel, inhuman or degrading treatment or punishment and to be treated with humanity and with respect for the inherent dignity of the person. Furthermore, the organisations note that the Slovak Criminal Code criminalizes torture and other inhuman or cruel treatment and abuse of power and imposes additional penalties for a crime motivated by national, ethnic or racial hatred.

1. Amnesty International and the ERRC call on each of you within the remit of your office to ensure: That ongoing investigations into this incident, including into the conduct of individual police, are independently conducted, undertaken impartially and in a thorough manner;

2. That the possible racial motivation of the crime is investigated fully;

3. That all those responsible for ill-treatment or violation of the law or police regulations are brought to justice in fair proceedings;

4. That the scope, methods and findings of the investigation are made publicly available;

5. That all victims receive an adequate remedy for their suffering, including compensation, rehabilitation (including ensuring that the best available psychological counselling is made accessible to the children), guarantees of non-repetition, and a public apology from Slovak government and police representatives; and

6. That any future incidents of similar behaviour by police officers are strongly, unequivocally and publicly condemned.

Amnesty International and the ERRC respectfully request to be informed of the actions undertaken by your individual offices in response to this incident.

We will continue to monitor the progress of investigation and any proceedings brought against the officers responsible for this gross violation of human rights.

Sincerely,

Nicola Duckworth Robert A. Kushen

Europe and Central Asia Programme Director Managing Director

Amnesty International European Roma Rights Centre

TO:

Mr Dušan ?aplovi?, Deputy Prime Minister for Knowledge-Based Society, European Affairs, Human Rights and Minorities

Úrad vlády Slovenskej republiky

Námestie slobody 1

813 70 Bratislava, Slovak Republic

Fax: +421 2 5249 7595

Mr Róbert Kaliňák, Minister of Interior

Ministerstvo vnútra Slovenskej republiky

Pribinova 2

812 72 Bratislava, Slovak Republic

Fax: +421 2 5296 7746

Mr Ján Packa, Police President

Kancelária prezidenta Policajného zboru

Ra?ianska 45

812 72 Bratislava, Slovak Republic

Fax: +4219610 59061

Mr Štefan Ko?an, Director of the Section of Control and Inspection Service

Sekcia kontroly a inšpek?nej služby MV SR

Krížna 44

821 04 Bratislava, Slovak Republic

Fax: +421 2 5564 1705

Mr Dobroslav Trnka, General Prosecutor

Generálna prokuratúra SR

Štúrova 2

812 85 Bratislava, Slovak Republic

Fax: +421 252 926 596

CC:

Mr Jacques Barrot, EU Commissioner for Freedom, Security and Justice

European Commission

B-1049 Brussels, Belgium

Fax: +32 0 2 298 15 99

Mr Morten Kjaerum, Director of the EU Agency of Fundamental Rights

European Union Agency for Fundamental Rights (FRA)

Schwarzenbergplatz 11

1040 Wien, Austria

Fax: +431 580 30 699

Mr Thomas Hammarberg, Council of Europe Human Rights Commissioner

Office of the Commissioner for Human Rights

Council of Europe

F-67075 Strasbourg Cedex, France

Fax: +33 3 90215053

Ms Gay McDougall, UN Independent Expert on minority issues

Special Procedures Division

c/o OHCHR-UNOG

8-14 Avenue de la Paix

1211 Geneva 10, Switzerland

Fax: +41 22 917 90 06

Mr Githu Muigai, UN Special Rapporteur on contemporary forms of racism

Special Procedures Division

c/o OHCHR-UNOG

8-14 Avenue de la Paix

1211 Geneva 10, Switzerland

Fax: +41 22 917 90 06

Mr Manfred Nowak, UN Special Rapporteur on torture

Special Procedures Division

c/o OHCHR-UNOG

8-14 Avenue de la Paix

1211 Geneva 10, Switzerland

Fax: +41 22 917 90 06

Amnesty accuses Austrian police of racism

Veronika Oleksyn
AP
April 9

Immigrants and ethnic minorities living in Austria are more likely to be suspected of crimes than whites and are regularly denied their right to equal treatment by the country's police and judicial system, Amnesty International said Thursday.

In a report released in Vienna, the human rights watchdog also said Austrian authorities do not effectively investigate and punish racially motivated police misconduct.

"Amnesty International is concerned that the Austrian criminal justice as a whole, and the police in particular, are failing to provide the same level of service to foreign nationals and members of ethnic minorities as it routinely provides the Austrian citizens," the report said.

Based on case studies and interviews with lawyers, community leaders, justice system officials and others, the report also found that ethnic minorities in the Alpine republic are subject to a range of negative stereotypes and that these prejudices can impact the behavior of law enforcement officials.

"Amnesty International is concerned ... that in everyday practice skin color too often appears to constitute a determining ground for police interventions in Austria," the report said.

In particular, Amnesty said there was "considerable evidence" Austrian police has engaged in widespread discriminatory ethnic profiling over the past decade, particularly in its efforts to counter drug-related crime. Often, the targets are young black men, the group said.

"The majority of individuals of African origin that Amnesty International met with insisted that random identity checks, often involving searches, were still — despite a notable improvement over the last two years — a routine part of their existence," the report said.

Interior Ministry Rudolf Gollia acknowledged that there had been individual cases of police misconduct toward foreigners, but insisted it wasn't a widespread problem.

"We reject allegations of institutional discrimination or racism in Austria's police," Gollia said.

The report said Austrian law enforcement agencies often fail to give serious consideration to complaints from ethnic minorities and fail to investigate offenses against them effectively and impartially.

Two months ago, undercover police officers in Vienna attacked an American teacher they mistook for a drug dealer. Mike Brennan said he believed he was singled out because he's black.

Police acknowledged the mix-up, but the officers were not suspended.

"I'm concerned about the officers still working," the 34-year-old teacher told The Associated Press on Thursday, adding he was encouraged by Austrians who approached him on the street or in cafes to wish him well and apologize for what happened to him.

Heinz Patzelt, secretary general of Austria's chapter of Amnesty International, said it would be easy for Austrian authorities to quickly improve the situation — if they acknowledged that racial discrimination was widespread and not limited to individual cases.

"Racism is a cancer that will spread and spread if it is not diagnosed," Patzelt said.

Amnesty International - http://www.amnesty.org/